NTP Trying To Drag Out The Patent Rejection Process? Wonder Why...

from the hmm dept

Last week the US Patent Office took the surprising step of reaching out and calling both RIM and NTP to let them know that it's very, very likely to reject all of NTP's patents at the heart of the excruciatingly long patent battle with RIM. This was extremely important because the judge in the patent lawsuit had said that he wouldn't wait for the Patent Office's ruling, mainly because he was sick of dealing with the case (who knew that impatience was a reasonable reason for ignoring important evidence and pushing a billion dollar fine?). So, now, the two parallel timelines become much more important. The companies are supposed to file documents with the court by February 1, 2006 -- and the judge is expected to rule soon afterwards. As for the patent review process, NTP was supposed to get its response in by the end of this month, but has managed to squeeze out a 30-day extension meaning it won't have to file the response until the nearly the same date as when the judge will make his decision. While NTP denies it's dragging out the process, it's clearly in the company's interest to do so. Still, we wonder how the judge can, in good conscience, still move forward with the case when the Patent Office has clearly stated that it believes it made a huge mistake in originally granting these patents. Meanwhile, it still seems like a reasonable question as to whether RIM can sue the Patent Office for its admitted negligence in issuing these patents (though, of course, they might want to wait until the patents are really rejected).

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  1. identicon
    patentman, 30 Dec 2005 @ 9:31am

    Re: ridiculous

    Mike,

    Ok. I see your point. My point is that all you are doing is pointing out flaws in the system. Lots of other people do this, but no one ever comes up with a suggestion that is any better then the current system. Why don't you stretch your brain cells a bit and come up with a solution rather then just criticize a system that, while imperfect, actually performs it function pretty well.

    I'm sick of people who know nothing about U.S. Patent law spout off about how the current system is crap when they have no understanding or appreciuation of exactly why the system is the way it is. The current system has developed over many many years. Does it have flaws? Certainly. But that fact, in and of itself, does not mean the current system is a bad one.

    What you want is a perfect law where no one gets hurt, no problems are encountered, every possible contingency is taken into account, and where the world does not change over time. I don't think that type of law is possible, much less in a area as complex as patents. Try to come up with a law that meets all of the above criteria. I'd bet immeasureable sums of money that you can't.

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